LSO Barrister Evidence Law 2

Question 1

What is the 'Mohan test' for the admissibility of expert evidence in Canadian courts?

Accepted Answer

The expert evidence must meet four criteria: relevance, necessity (beyond the knowledge of the trier of fact), absence of an exclusionary rule, and proper qualification of the expert — plus the cost-benefit analysis from White Burgess regarding impartiality and bias

Answer

Any person with a university degree can testify as an expert

Answer

The Mohan test only applies to medical experts

Answer

Expert evidence is admissible without any specific test

Question 2

What is the 'KGB statement' and when can prior inconsistent statements be admitted for their truth in Canadian criminal law?

Accepted Answer

Following R v B(KGB), a prior inconsistent statement can be admitted for its truth if it was made under oath or solemn affirmation, was video or audio recorded, and the opposing party has an opportunity to cross-examine the witness at trial

Answer

Prior inconsistent statements can never be used for their truth

Answer

Prior inconsistent statements are automatically admissible in all cases

Answer

Only written statements qualify under this rule

Question 3

What is the 'confessions rule' (Ibrahim rule) in Canadian criminal law?

Accepted Answer

A confession to a person in authority is only admissible if the Crown proves beyond a reasonable doubt that it was voluntary — not induced by threats, promises, oppression, or an operating mind deficiency

Answer

All confessions are automatically admissible

Answer

Confessions are only inadmissible if the accused was physically tortured

Answer

The confessions rule has been replaced by the Charter

Question 4

What are the rules regarding 'character evidence' of the accused in Canadian criminal proceedings?

Accepted Answer

The accused's character evidence is generally inadmissible if introduced by the Crown, but the accused may 'put their character in issue' by leading good character evidence — which then opens the door for the Crown to respond with bad character evidence

Answer

The Crown can always lead evidence of the accused's bad character

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Character evidence is never relevant in criminal cases

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Only the accused's criminal record can be introduced

Question 5

What is 'privilege against self-incrimination' in Canadian law and what protections does it provide?

Accepted Answer

It encompasses the right to silence (s.7 Charter), the protection against compelled testimony at one's own trial (s.11(c) Charter), and use immunity for testimony compelled in other proceedings (s.13 Charter) — preventing compelled testimony from being used against the witness in subsequent proceedings

Answer

Only the accused has any protection against self-incrimination

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It means a person can never be asked questions by the police

Answer

It only protects against physical evidence, not testimony

Question 6

What are the rules regarding the admissibility of electronic evidence in Ontario courts?

Accepted Answer

Electronic records are admissible under the Canada Evidence Act and Ontario Electronic Commerce Act if their authenticity and integrity can be established, with presumptions of integrity for records stored in the usual and ordinary course of business

Answer

Electronic evidence is never admissible

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Only printed copies of electronic records are admissible

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Electronic evidence requires expert testimony in every case